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    Nic2012's Avatar
    Nic2012 Posts: 1, Reputation: 1
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    #1

    May 27, 2010, 05:15 AM
    Legal advice needed please
    I am divorced and part of my divorce settlement was that my ex husband was to pay a loan that he had asked me to take out in my name as he was unable to get one. I have it written in my divorce decree that he is liable for the repayments. He stopped paying it years ago and now I have debt collection agencies chasing me for the money. They don't care that I have a judges order that he should pay, their stance is that it is my debt. What can I do?

    My ex husband is a serving soldier in the UK armed forces, and also stopped paying the child support he was ordered to pay until our son was 17 years old, 2 months before his 15th birthday. I tried to talk to the army to get help but the only people I could speak to were unfortunately friends of his and so didn't help me.

    I am working full time with a weekend part time job earning around 19k a year from both, trying to support myself and my now 17 year old son, who doesn't work and is not in education. I'm really struggling here and I just don't know what if anything I can do to A. get rid of this debt that my ex should have paid, and B. how to keep my head above water financially with trying to support my son as well as pay all my bills.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 27, 2010, 06:25 AM
    Quote Originally Posted by Nic2012 View Post
    I am divorced and part of my divorce settlement was that my ex husband was to pay a loan that he had asked me to take out in my name as he was unable to get one. I have it written in my divorce decree that he is liable for the repayments. He stopped paying it years ago and now I have debt collection agencies chasing me for the money. They don't care that I have a judges order that he should pay, their stance is that it is my debt. what can I do?

    My ex husband is a serving soldier in the UK armed forces, and also stopped paying the child support he was ordered to pay until our son was 17 years old, 2 months before his 15th birthday. I tried to talk to the army to get help but the only people I could speak to were unfortunately friends of his and so didn't help me.

    I am working full time with a weekend part time job earning around 19k a year from both, trying to support myself and my now 17 year old son, who doesn't work and is not in education. I'm really struggling here and I just don't know what if anything I can do to A. get rid of this debt that my ex should have paid, and B. how to keep my head above water financially with trying to support my son as well as pay all my bills.


    The personal advice is that if your son is 17, not in school, not working, he should get a job and support himself.

    The credit collection company is correct - no Judge, no Order, can change a Contract. You had a Contract to repay this debt.

    Your only recourse is to either go BACK to Court and ask that your husband be held in contempt OR pay the debt and then sue your husband.

    It is unfortunate, indeed (and this happens all the time) the Court issues Orders such as this and does not explain that that Order is not binding on the creditor.

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